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Phil Peckinpaugh, director of the Muncie
Animal Shelter, said on Thursday that he officially filed a citation in Muncie
City Court against the woman allegedly responsible for dumping the
puppy.

She told him she thought the dog had PARVO and had died when she threw him in the trash.

Peckinpaugh told the Muncie Star Press: 'When she thought that they were sick, instead of making the decision to take the animal to a vet — which would've been the correct and right decision — she made a self-diagnosis of PARVO, which turned out to be inaccurate.

Gratitude: Upchurch has been labeled a hero since rescuing the six-week-old puppy that had been discovered thrown away alive, starving and freezing into a trash Toter

Whining noise: That puppy has since had a speedy recovery, and on Wednesday spent the first night at his new home and with a new name: 'Garby'

'When the puppies stopped moving because
their blood sugar was so low because they were starving, she made the
decision that they were dead and threw them in the trash. You should
never throw a puppy in the trash can — dead or alive, obviously.'